Marcum v. Commonwealth

Opinion of the Court by

Morris, Commissioner

Reversing.

On April 14, 1939, Marcum shot and killed William Ward, at or near James Burdine’s store on-Highway No. 80, about twenty miles east of Somerset, in Pulaski County. Both men at the time were fruit and vegetable peddlers, carrying on their .business by means of trucks. They were sharp competitors and there had grown np between them some ill-feeling, due to this competition. Marenm at the time of the trial was about 64 years of age, and Ward at the time of his death was just past 32.

There is considerable evidence that the feeling existing was…